Senate Democrats defeated a Republican effort to prevent building or upgrading prisons in the U.S. if they will house detainees transferred from the American prison at Guantanamo Bay, Cuba. The measure would have applied to prisons in New York where Khalid Sheikh Mohammed will be tried in a civilian criminal court, a decision announced recently by Attorney General Eric Holder.

Sen. Jim Inhofe (R-Okla.) sponsored the amendment and told fellow senators Tuesday, "If you want terrorists here, then vote against this amendment."

Sen. Dianne Feinstein (D-Calif.), chair of the Senate Intelligence Committee and a senior member of the Judiciary Committee, voted against Inhofe's amendment and with the Democrats to keep funding available for domestic prisons for terrorist suspects in the future. "I have had substantial exposure to the American prison system. I have worked in prison settings...I know what a maximum security prison is like," Feinstein said. "Supermax and Max mean something in prison nomenclature."

Feinstein said the issue of closing Guantanamo and moving prisoners to the United States has fallen prey to "scare tactics" and that the issue deserves "very sober, very serious discussion."

Tuesday's Senate vote does not close Guantanamo nor green light any domestic prison construction. But, it does leave President Obama's options open to eventually bring Guantanamo prisoners to the United States. Although he signed an executive order in January to close the prison within one year, his administration has struggled to resolve the significant legal complications of holding prisoners indefinitely based on evidence that may not hold up in American courts, and whose home countries will not repatriate them.

Arkansas Democrats Blanche Lincoln and David Pryor voted with all 40 Republicans on the amendment, as did Independent Democrat Joe Lieberman.

House Republicans plan to force a vote on whether Guantanamo prisoners should come to the United States. House Minority Leader Jon Boehner said Tuesday he will introduce his "Keep Terrorists Out of America Act" in the House this week.